The Allahabad High Court at Lucknow in the case of Amar Singh v. State Of U.P, while dealing with a Writ Petition filed by a Security Guard, working at a Government School, seeking regularization of his employment status and a salary equivalent to the pay scale of a Class IV employee, stated that receiving a salary of Rs. 150 per month since 1998 amounted to forced labour by the State of Uttar Pradesh and was strictly prohibited by law.
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The Single Judge Bench of Justice Irshad Ali, after finding that the Petitioner joined the post of Chowkidar on the fixed salary of Rs.30/- which was increased to 150 since 1998, in its order stated, “In case the State Government forces labour at such ridiculously low rate, on which no humane being can maintain himself or even exist, the exaction of work cannot be treated other than a exploitation of humane labour, violating basic human rights and right to work with dignity violating Article 21 of the Constitution of India. The employment under the State Government for a sum of Rs.150/- p.m. amounts to force labour which is not permissible in law.”
Court held that the nature of the employment of the Petitioner is to maintain security in the school and the nature of work involves regularity, responsibility and the same, if not more working hours as regular employees and ordered that considering in totalities of facts and circumstances of the case, this writ petition is disposed of with a direction to the respondents to pay current wages equivalent to the minimum of pay scale admissible to Class IV employees. The Court also stated that the candidature of the Petitioner shall also be considered for regularization by the Respondents.
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